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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
What if my notice period is exactly 45 days &...
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Dear Customer,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that if you worked for one month from the 45-day notice period, the employer shall pay the worker a month's salary. The worker shall also pay the employer compensation equivalent to the remaining period of the notice period, which he has not paid, which is 15 days.
Here are the texts of the UAE Labor Law related to your inquiry:
Article (117):
- Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
- For the daily-paid workers, the notice period shall be as follows:
- One week: if the worker has been employed for more than six months but less than one year.
- Two weeks: if the worker has been employed for not less than one year.
One month: if the worker has been employed for not less than five year
Article (118):
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
Article (119):
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.
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الرد من العميل
I mean if i do not serve the notice period & willing to pay 15 days money & remaining 30 days settlement via my unpaid 1 month salary.
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Dear Customer,
Welcome again!
Indeed, you may settle your unpaid monthly salary and the amount of outstanding compensation to the employer and you may negotiate with the employer.
If the employer refuses to do so, you may file a complaint at the Ministry of Human Resources and Emiratisation as we have already explained.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Accept our respect and appreciation.
Kind Regards,
الرد من العميل
So in short if i resigned on 30 sept & i want to leave within a week i.e 7 oct then I can just pay them for 7 days & settle anothe 30 days of my notice period via unpaid salary.. Is that ryt?
الرد من العميل
Hi , please tell me the same situation if i am not on their visa but on dependent visa & just their labour card?
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Dear Customer,
Welcome again!
We also explained to you in the previous reply that you must pay the full notice period stipulated in the employment contract, which is forty-five days and you can request a deduction between your salary owed to you, which was not paid by the company and the amount of compensation owed to the company.
For further clarification:
If the company has a salary of forty-five days due to it as compensation for not working during the notice period and you deserve to receive a salary of thirty days as unpaid salary, you can be deducted from the amount you are required to pay the final result you must pay fifteen days' salary. If your employer disagrees, you can file a complaint with the Ministry of Human Resources and Emiratisation
Kind Regards,
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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